Law Commons^™

Assembly Office Of Research, K. Gleason Huss, L. Jackson

California Regulatory Law Reporter

No abstract provided.

Another Case For The Removal Of Florida's Motor Vehicle Manufacturer-Dealer Franchise Trade Regulation From Periodic Sunset Review -- A Comment On Balzer, William Owen

Florida State University Law Review

No abstract provided.

Tightening The Defense Against Offensive Sports Agents, Charles W. Ehrhardt, J. Mark Rodgers

Florida State University Law Review

No abstract provided.

No Liability For The Wrongful Death Of Unborn Children -- The Florida Legislature Refuses To Protect The Unborn, T. A. Borowski, Jr.

Florida State University Law Review

No abstract provided.

Florida's Omnibus Aids Act Of 1988, Robert Craig Waters

Florida State University Law Review

In response to the growing fears and sometimes irrational attitudes associated with the deadly disease AIDS, the 1988 Florida Legislature passed the Omnibus AIDS Act, affecting twelve substantive areas of law. In this Article, the author examines each of these areas, suggests the most likely interpretation the courts will accord the new provisions, and makes recommendations to correct oversights and inconsistencies in existing laws.

Medical Malpractice: A New Treatment For An Old Illness, Thomas R. Tedcastle, Marvin A. Dewar

Florida State University Law Review

The rising cost of medical malpractice insurance has been one of the most difficult issues faced by the Florida Legislature for many years. In an effort to reach a comprehensive solution to this recurring problems, the 1986 Legislature created the Academic Task Force for the Review of the Insurance and Tort Systems, and directed it to conduct a thorough review of Florida's tort system. In 1988, the Legislature implemented several of the recommendations of the Task Force. In this Article, the authors explore the factual findings and the recommendations of the Task Force and analyze the effects that the 1988 …

Pawnbroking On Parade, Jarret C. Oeltjen

Buffalo Law Review

No abstract provided.

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …

Transferable Public Rights: Reconciling Public Rights And Private Property, Michael Neiderbach

Buffalo Law Review

No abstract provided.

Interpreting Legislative Inaction, William N. Eskridge Jr.

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. In this article, Professor Eskridge addresses the issue of how legislative inaction should affect statutory interpretation. He begins by constructing a detailed analysis of the Court's legislative inaction cases, arguing that the case law is much more coherent than previous analysts have suggested. Professor Eskridge then considers Justice Scalia's critique of that case law and provides support for Justice Scalia's views by distinguishing actual and presumed legislative intent, arguing that, based on a conception …

Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Farber identifies three issues which lie at the heart of Patterson: Must statutes be construed to conform to the intent of the drafters? Does legislative inaction provide reliable guidance to interpreters of statutes? And should the nature of the claim at issue - here a claim of civil rights - influence the interpreters? On this last point, Professor Farber argues that public values must be relevant to statutory interpretation and that judges …

Updating Statutory Interpretation, T. Alexander Aleinikoff

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.

The Economic Impact Of Cleaning Up The Air In The South Coast Basin, Joint Committee On The State's Economy

California Joint Committees

No abstract provided.

Foreign Investments In California (Submitted Testimony) - Interim Hearing Part Ii, Assembly Committee On International Trade And Intergovernmental Relations

California Assembly

No abstract provided.

Hearing On Proposition 102: Reporting Exposure To The Aids Virus Initiative, Senate Select Committee On Aids, Senate Committee On Judiciary, Senate Committee On Health And Human Services, Assembly Committee On Public Safety

California Senate

No abstract provided.

Propositions 100, 101, 103, 104 And 106, Senate Committee On Insurance, Claims And Corporations, Senate Committee On Judiciary, Assembly Committee On Finance And Insurance

California Joint Committees

No abstract provided.

California Couples: Recognizing Diversity And Strengthening Fundamental Relationships, Joint Select Task Force On The Changing Family

California Joint Committees

No abstract provided.

Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood

West Virginia Law Review

No abstract provided.

Appointment Process For Advocacy Boards Serving Persons With Developmental Disabilities And Mental Illness, Part Ii, Senate Health Subcommittee On Mental Health, Developmental Disabilities And Genetic Diseases, Senate Select Committee On Citizen Participation In Government, Assembly Health Subcommittee On Mental Health And Developmental Disabilities, Senate Judiciary Subcommittee On The Rights Of The Disabled

California Joint Committees

No abstract provided.

Divorced From College?, Senate Office Of Research

California Senate

"Should courts be allowed to extend child support payments beyond age 18 in order to pay for college or other expenses?"

A Special Report to Senator Diane Watson.

General Legislation, J. Ferguson

California Regulatory Law Reporter

No abstract provided.

Assembly Office Of Research, C. Traxler, M. Livingston

California Regulatory Law Reporter

No abstract provided.

The Offshore Constitutional Settlement Western Australia 1988, Fisheries Department Of Western Australia

Fisheries management papers

In June 1987 under the Offshore Constitution Settlement (OCS), the Australian and West Australian State Governments completed the first stage of rationalising jurisdiction over a number of fisheries operating off the West Australian coast. Arrangements under the OCS for West Australian fisheries fall into three catagories: 1. fisheries managed by the State under State law as far seaward as the arrangement specifies. 2. fisheries managed by the West Australian Fisheries Joint Management Authority under State laws in waters were the arrangement applies. 3. fisheries managed by the Commonwealth under Commonwealth law in waters where the arrangement applies. Eleven of the …

Impact Of The Immigration Reform And Control Act Of 1986 On California Agriculture, Joint Committee On Refugee Resettlement, International Migration, And Cooperative Development

California Joint Committees

No abstract provided.

Survey Of Recent Developments In Indian Water Law: Litigation And Negotiations, Jeanne S. Whiteing

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

104 pages.

Joint Statement Of Department Of Water Resources Of Arizona, Colorado River Board Of California, And Colorado River Commission Of Nevada On House Bill 2642 Before The Committee On Interior And Insular Affairs House Of Representatives, Myron B. Holbert

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

43 pages.

Mineral Leasing In Indian Country, Reid Peyton Chambers

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

9 pages.

Contains footnotes.

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.

The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

26 pages.

The Fort Peck-Montana Compact: A Water Rights Settlement Negotiated By The Montana Reserved Water Rights Compact Commission And The Assiniboine And Sioux Tribes, Assiniboine And Sioux Tribes Of The Fort Peck Indian Reservation, Montana, Montana Reserved Water Rights Compact Commission

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

43 pages.

Supplemental material for the conference presentation by Special Assistant Attorney General for the State of Montana, Marcia Beebe Rundle, titled The Montana Reserved Water Rights Compact Commission.